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12 results for “disallowance”+ Section 12A(2)clear

Sorted by relevance

Mumbai321Delhi287Bangalore121Ahmedabad90Kolkata90Pune89Chennai87Jaipur81Indore50Lucknow49Hyderabad47Visakhapatnam39Chandigarh33Cochin26Surat25Amritsar25Raipur24Jodhpur17Nagpur17Cuttack12Agra9Patna9Rajkot9SC6Panaji5Jabalpur4Guwahati4Allahabad4Ranchi3Dehradun3ANIL R. DAVE AMITAVA ROY L. NAGESWARA RAO1

Key Topics

Section 12A52Section 143(1)25Section 1119Exemption12Charitable Trust6Condonation of Delay6Section 1475Reopening of Assessment5Section 573

SWASTHA BIKASH SAMITI, SCB MEDICAL COLLEGE,CUTTACK vs. ITO(EXEMPTION), CUTTACK

In the result appeal of the assessee allowed

ITA 328/CTK/2023[2007-08]Status: HeardITAT Cuttack06 Jun 2024AY 2007-08

Bench: Before Shri George Mathan, Judicial & Manish Agarwal Manish Agarwalita Nos.324 To 328/Ctk/20 /Ctk/2023 Assessment Years : 2003-04 To 2007 04 To 2007-08 Swasthya Swasthya Bikash Bikash Samity, Samity, Vs. Ito (Exemption), Ito (Exemption), Scb Cb Medical Medical College College Aayakar Bhavan, Cuttack Aayakar Bhavan, Cuttack Hospital,Mangalabag, Hospital,Mangalabag, Cuttack Pan/Gir No Pan/Gir No.Aaeas 5600 H (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : None (Adjn Petition) : None (Adjn Petition) Revenue By : Shri S.C.Mohanty, Sr : Shri S.C.Mohanty, Sr Dr Date Of Hearing : 06/0 06/2024 Date Of Pronouncement : 06/0 /06/2024 O R D E R Per Bench

For Appellant: None (Adjn petition)For Respondent: Shri S.C.Mohanty, Sr
Section 11Section 12ASection 147

12A are independent to each other. The amount received by the hospital held as fund an exempt u/s.10(23)C of the Income Tax Act and also there is no infirmity in filing application u/s.12A by the assessee society. That P a g e 4 | 16 ITA Nos.324 to 328/CTK/2023 Assessment Years : 202003-04 to 2007-08 on bare perusal

Section 103
Section 2502
Section 1442

SWASTHYA BIKASH SAMITI SCB MIDICAL COLLEGE HOSPITAL,CUTTACK vs. ITO(EXEMPTION), CUTTACK

In the result appeal of the assessee allowed

ITA 324/CTK/2023[2003-04]Status: HeardITAT Cuttack06 Jun 2024AY 2003-04

Bench: Before Shri George Mathan, Judicial & Manish Agarwal Manish Agarwalita Nos.324 To 328/Ctk/20 /Ctk/2023 Assessment Years : 2003-04 To 2007 04 To 2007-08 Swasthya Swasthya Bikash Bikash Samity, Samity, Vs. Ito (Exemption), Ito (Exemption), Scb Cb Medical Medical College College Aayakar Bhavan, Cuttack Aayakar Bhavan, Cuttack Hospital,Mangalabag, Hospital,Mangalabag, Cuttack Pan/Gir No Pan/Gir No.Aaeas 5600 H (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : None (Adjn Petition) : None (Adjn Petition) Revenue By : Shri S.C.Mohanty, Sr : Shri S.C.Mohanty, Sr Dr Date Of Hearing : 06/0 06/2024 Date Of Pronouncement : 06/0 /06/2024 O R D E R Per Bench

For Appellant: None (Adjn petition)For Respondent: Shri S.C.Mohanty, Sr
Section 11Section 12ASection 147

12A are independent to each other. The amount received by the hospital held as fund an exempt u/s.10(23)C of the Income Tax Act and also there is no infirmity in filing application u/s.12A by the assessee society. That P a g e 4 | 16 ITA Nos.324 to 328/CTK/2023 Assessment Years : 202003-04 to 2007-08 on bare perusal

SWASTHYA BIKASH SAMITI, SCB MEDICAL COLLEGE,CUTTACK vs. ITO(EXEMPTION), CUTTACK

In the result appeal of the assessee allowed

ITA 325/CTK/2023[2004-05]Status: HeardITAT Cuttack06 Jun 2024AY 2004-05

Bench: Before Shri George Mathan, Judicial & Manish Agarwal Manish Agarwalita Nos.324 To 328/Ctk/20 /Ctk/2023 Assessment Years : 2003-04 To 2007 04 To 2007-08 Swasthya Swasthya Bikash Bikash Samity, Samity, Vs. Ito (Exemption), Ito (Exemption), Scb Cb Medical Medical College College Aayakar Bhavan, Cuttack Aayakar Bhavan, Cuttack Hospital,Mangalabag, Hospital,Mangalabag, Cuttack Pan/Gir No Pan/Gir No.Aaeas 5600 H (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : None (Adjn Petition) : None (Adjn Petition) Revenue By : Shri S.C.Mohanty, Sr : Shri S.C.Mohanty, Sr Dr Date Of Hearing : 06/0 06/2024 Date Of Pronouncement : 06/0 /06/2024 O R D E R Per Bench

For Appellant: None (Adjn petition)For Respondent: Shri S.C.Mohanty, Sr
Section 11Section 12ASection 147

12A are independent to each other. The amount received by the hospital held as fund an exempt u/s.10(23)C of the Income Tax Act and also there is no infirmity in filing application u/s.12A by the assessee society. That P a g e 4 | 16 ITA Nos.324 to 328/CTK/2023 Assessment Years : 202003-04 to 2007-08 on bare perusal

SWASTHYA BIKASH SAMITI, SCB MEDICAL COLLEGE,CUTTACK vs. ITO(EXEMPTION), CUTTACK

In the result appeal of the assessee allowed

ITA 326/CTK/2023[2005-06]Status: HeardITAT Cuttack06 Jun 2024AY 2005-06

Bench: Before Shri George Mathan, Judicial & Manish Agarwal Manish Agarwalita Nos.324 To 328/Ctk/20 /Ctk/2023 Assessment Years : 2003-04 To 2007 04 To 2007-08 Swasthya Swasthya Bikash Bikash Samity, Samity, Vs. Ito (Exemption), Ito (Exemption), Scb Cb Medical Medical College College Aayakar Bhavan, Cuttack Aayakar Bhavan, Cuttack Hospital,Mangalabag, Hospital,Mangalabag, Cuttack Pan/Gir No Pan/Gir No.Aaeas 5600 H (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : None (Adjn Petition) : None (Adjn Petition) Revenue By : Shri S.C.Mohanty, Sr : Shri S.C.Mohanty, Sr Dr Date Of Hearing : 06/0 06/2024 Date Of Pronouncement : 06/0 /06/2024 O R D E R Per Bench

For Appellant: None (Adjn petition)For Respondent: Shri S.C.Mohanty, Sr
Section 11Section 12ASection 147

12A are independent to each other. The amount received by the hospital held as fund an exempt u/s.10(23)C of the Income Tax Act and also there is no infirmity in filing application u/s.12A by the assessee society. That P a g e 4 | 16 ITA Nos.324 to 328/CTK/2023 Assessment Years : 202003-04 to 2007-08 on bare perusal

SWASTHYA BIKASH SAMITI, SCB MEDICAL COLLEGE,CUTTACK vs. ITO(EXEMPTION), CUTTACK

In the result appeal of the assessee allowed

ITA 327/CTK/2023[2006-07]Status: HeardITAT Cuttack06 Jun 2024AY 2006-07

Bench: Before Shri George Mathan, Judicial & Manish Agarwal Manish Agarwalita Nos.324 To 328/Ctk/20 /Ctk/2023 Assessment Years : 2003-04 To 2007 04 To 2007-08 Swasthya Swasthya Bikash Bikash Samity, Samity, Vs. Ito (Exemption), Ito (Exemption), Scb Cb Medical Medical College College Aayakar Bhavan, Cuttack Aayakar Bhavan, Cuttack Hospital,Mangalabag, Hospital,Mangalabag, Cuttack Pan/Gir No Pan/Gir No.Aaeas 5600 H (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : None (Adjn Petition) : None (Adjn Petition) Revenue By : Shri S.C.Mohanty, Sr : Shri S.C.Mohanty, Sr Dr Date Of Hearing : 06/0 06/2024 Date Of Pronouncement : 06/0 /06/2024 O R D E R Per Bench

For Appellant: None (Adjn petition)For Respondent: Shri S.C.Mohanty, Sr
Section 11Section 12ASection 147

12A are independent to each other. The amount received by the hospital held as fund an exempt u/s.10(23)C of the Income Tax Act and also there is no infirmity in filing application u/s.12A by the assessee society. That P a g e 4 | 16 ITA Nos.324 to 328/CTK/2023 Assessment Years : 202003-04 to 2007-08 on bare perusal

JEEVAN KALYANA SADHANA KENDRA,KOLKATA vs. INCOME TAX OFFICER, EXEMPTION, SAMBALPUR

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 195/CTK/2025[2023-24]Status: HeardITAT Cuttack28 May 2025AY 2023-24

Bench: Shri Duvvuru Rl Reddy(Kz) & Shri Rakesh Mishra

Section 11Section 119(2)(b)Section 12ASection 12A(1)(b)Section 143(1)Section 250

2. The applicant craves leave to add further grounds of appeal or alter the grounds at the time of hearing.” 3. Brief facts of the case are that the assessee is an AOP, a public charitable Trust registered u/s 12A of the Act and engaged in the public charitable activities. The assessee filed the audit report u/s 12A

BHARATIYA SIKSHYA BIKASHA SANSTHANA,BERHAMPUR vs. ITO, EXEMPTION WARD

In the result, appeal of the assessee stands partly allowed for statistical purposes

ITA 447/CTK/2024[2021-22]Status: DisposedITAT Cuttack31 Dec 2024AY 2021-22

Bench: Before Shri George Mathanmember & Manish Agarwal Manish Agarwalassessment Year :2021-22 Bharatiya Sikshya Bikasha Bharatiya Sikshya Bikasha Vs. Income Income Tax Tax Officer, Officer, Sansthana , (Exemption),Berhampur Berhampur Siddhartha Nagar 1St Line Siddhartha Nagar 1 Po Po : : Banthapali Banthapali, Puruna Berhampur, B.O : Berhampur Sadar, B.O : Berhampur Sadar, Ganjam , 760002 Ganjam , 760002 Pan/Gir No. No. Aactb 4047N (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri Radha Krishna Sahu, Radha Krishna Sahu, Adv Revenue By : Shri S.C.Mohanty, Sr Dr : Shri S.C.Mohanty, Sr Dr Date Of Hearing : 31/12/20 2024 Date Of Pronouncement : 31/12/20 024 O R D E R Per Bench This Is An This Is An Appeal Filed By The Assessee Against The Order Ainst The Order Of The Ld Cit(A), Nfac, Delhi Cit(A), Nfac, Delhi Dated 30.8.2024 In Appeal No.Cit(A), Cit(A),Nfac/2020- 21/10291247 For The Ass For The Assessment Year 2021-22. 2. Shri Radha Kr Radha Krishna Sahu, Ld Ar Appeared For The Assessee & Shri The Assessee & Shri S.C.Mohanty, Sr. , Sr. Dr Appeared For The Revenue.

For Appellant: Shri Radha Krishna SahuFor Respondent: Shri S.C.Mohanty, Sr DR
Section 11Section 12Section 12ASection 143Section 143(1)

12A of the Income Tax Act w.e.f. 27.5.2021 vide registration number AACTB4047NE20206. 2. That under the facts & circumstances, the AO was unjustified in treating the gross receipt of Rs.56,82,145/- as taxable income and raising a demand of Rs.21,18,310/p- while assessing the assessee u/s.14391) of the IT Act. 3. That the CIT(A) is unjustified by upholding

BHARATIYA SIKSHYA BIKASHA SANSTHANA,BERHAMPUR vs. ITO, BERHAMPUR

In the result, appeal of the assessee stands partly allowed for statistical purposes

ITA 515/CTK/2024[2018-2019]Status: DisposedITAT Cuttack31 Dec 2024AY 2018-2019

Bench: Before Shri George Mathanmember & Manish Agarwal Manish Agarwalassessment Year :2018-19 Bharatiya Sikshya Bikasha Bharatiya Sikshya Bikasha Vs. Income Income Tax Tax Officer, Officer, Sansthana , Berhampur Siddhartha Nagar 1St Line Siddhartha Nagar 1 Po Po : : Banthapali Banthapali, Puruna Berhampur, B.O : Berhampur Sadar, B.O : Berhampur Sadar, Ganjam , 760002 Ganjam , 760002 Pan/Gir No. No. Aactb 4047N (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri Radha Krishna Sahu, Radha Krishna Sahu, Adv Revenue By : Shri S.C.Mohanty, Sr Dr : Shri S.C.Mohanty, Sr Dr Date Of Hearing : 31/12/20 2024 Date Of Pronouncement : 31/12/20 024 O R D E R Per Bench This Is An This Is An Appeal Filed By The Assessee Against The Order Of The Ld Ainst The Order Of The Ld Addl/Jcit(A)-10 10 Mumbai Mumbai, Dated 14.10.2024 .10.2024 In In Appeal Appeal No.Cit(A), No. Bhubaneswar-1/100 1/10077/2020-21 For The Assessment Year 2018 2018-19. 2. Shri Radha Kr Radha Krishna Sahu, Ld Ar Appeared For The Assessee & Shri The Assessee & Shri S.C.Mohanty, Sr. , Sr. Dr Appeared For The Revenue.

For Appellant: Shri Radha Krishna SahuFor Respondent: Shri S.C.Mohanty, Sr DR
Section 11Section 12Section 12ASection 143(1)

section 12A of the Act who substantially satisfied condition for availing benefit of exemption, assessee could not be denied exemption merely on bar of limitation in furnishing audit report in Form 108. 6) That the order passed u/s 143(1) is illegal and barred in law as never a show cause notice was issued by the AO particularly for disallowances

SUKANTI EDUCATIONAL AND CHARITABLE TRUST,SONEPUR vs. ITO,EXEMPTION WARD, SAMBALPUR

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 51/CTK/2025[2016-17]Status: DisposedITAT Cuttack12 Jun 2025AY 2016-17

Bench: Shri Duvvuru Rl Reddy(Kz) & Shri Rakesh Mishra

Section 10Section 12ASection 142(1)Section 143(2)Section 144Section 250Section 57

12A nor approved u/s 10(23C) of the Act, therefore, the assessee had filed the return of income as an AOP discharging the tax liability on the surplus of ₹ 13,47,532/-. The case of the assessee was selected for scrutiny and the notice u/s 143(2) of the Act was served in response to which the assessee appeared

MADHUSUDAN ACADEMY OF SCIENCE AND CHARITABLE TRUST,DHENKANAL vs. INCOME TAX OFFICER, EXEMPTION WARD, BHUBANESWAR, BHUBANESWAR

In the result, appeal of the assesee is allowed

ITA 216/CTK/2025[2018-19]Status: DisposedITAT Cuttack24 Sept 2025AY 2018-19

Bench: Shri George Mathanआयकर अपील सं/Ita No.216/Ctk/2025 (िनधा"रण वष" / Assessment Year : 2018-2019) Madhusudan Academy Of Vs Ito, Exemption Ward, Science & Charitable Trust, Bhubaneswar Kunjakanta, Dhenkanal, 759001 Pan No. : Aactm 1910 F (अपीलाथ" /Appellant) .. (""यथ" / Respondent) िनधा"रती क" ओर से /Assessee By : Shri, K.C.Jena, Ar राज"व क" ओर से /Revenue By : Shri Vijay Singh, Sr. D.R. सुनवाई क" तारीख / Date Of Hearing : 24/09/2025 घोषणा क" तारीख/Date Of Pronouncement : 24/09/2025 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Addl/Jcit(A)-6, Delhi Order Dated 30/01/2025 In Appeal No.Cit(A),Bhubaneswar-1/14820/2019-20 For The Assessment Year 2018- 19. 2. It Was Submitted By The Ld. Ar That The Assesee Is A Trust Which Has Not Got Registration Under Section 12A Of The Act. It Was Submission That The Returned Filed By The Assesee For The Impugned Assessment Year Came To Be Processed & Intimation U/S. 143(1) Of The Act Came To Be Issued Where In The Expenses Claimed Being The Application Has Not Been Considered & The Total Gross Receipt Has Been Treated As The Income Of The Assesee. It Was Submission That If I Told The Income Of The Assesee Is To Be Assessed Then Income Should Have Been Assessed As Business

For Appellant: Shri, K.C.Jena, ARFor Respondent: Shri Vijay Singh, Sr. D.R
Section 12ASection 143(1)

section 12A of the Act. It was submission that the returned filed by the assesee for the impugned assessment year came to be processed and intimation u/s. 143(1) of the Act came to be issued where in the expenses claimed being the application has not been considered and the total gross receipt has been treated as the income

PRAGATI CHARITABLE TRUST,PURI vs. INCOME TAX OFFICER, EXEMPTION WARD, BHUBANESWAR, BHUBANESWAR

In the result, appeal of the assessee is allowed

ITA 525/CTK/2024[2015-16]Status: DisposedITAT Cuttack17 Dec 2024AY 2015-16

Bench: Shri George Mathan & Shri Manish Agarwalआयकर अपील सं/Ita No.525/Ctk/2024 (िनधा"रण वष" / Assessment Year : 2015-2016) Pragati Charitable Trust Vs Income Tax Officer, Exemption Plot No-66 Gyana Viahr, Ward, Bhubaneswar Gopinathpur B.O Dhauli Hills Puri, 751002 Pan No. :Aaqpn 2087 A (अपीलाथ" /Appellant) (""यथ" / Respondent) .. िनधा"रती क" ओर से /Assessee By : Shri P.K. Mishra,Advocate राज"व क" ओर से /Revenue By : Shri S.C.Mohanty, Sr. Dr सुनवाई क" तारीख / Date Of Hearing : 17/12/2024 घोषणा क" तारीख/Date Of Pronouncement : 17/12/2024 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Addl/ Jcit (A)-5, Chennai, Dated 05/12/2024, In Din & Order No.Itba/Apl/S/250/2024-25/1070904602(1) Having Appeal No. Addl/Jcit(A)-5, Chennai/10003/2014-15 For The Assessment Year 2015- 2016. 2. The Assesee Has Challenged The Appellate Order On The Strength Of The Following Grounds Appeal:- 1. For That, When The Learned A.O. Has No Power & Authority To Determine The Income Of The Assessee Trust, Treating The Entire Gross Receipt As Income, While Processing The Return U/S.143(1) Of The Act For Assessment Year 2015-16, The Learned Cit(A) Has Committed Gross Error Of Law In Confirming The Said Order, As Such, Order Passed By The Learned Cit(A) As Well As By The Learned A.O., Being Not Sustainable In The Eye Of Law, Needs To Be Quashed In The Interest Of Justice

For Appellant: Shri P.K. Mishra,AdvocateFor Respondent: Shri S.C.Mohanty, Sr. DR
Section 11Section 12ASection 143(1)Section 57

section 12A of the Act. Since the Form 10B was not filed within the stipulated time limit, CPC while processing the return of income, has disallowed the expenditure claimed as application against the income/ receipt, which order was confirmed by the JCIT(A). Thus, the present appeal has been filed before us. 4. It is submitted by the assessee that

KALI KALUSHA NASANA SEVA TRUST,CUTTACK vs. INCOME TAX OFFICER, EXEMPTION, CUTTACK

In the result, appeal of the assessee is allowed

ITA 128/CTK/2025[2012-13]Status: DisposedITAT Cuttack22 Sept 2025AY 2012-13

Bench: SHRI GEORGE MATHAN (Judicial Member)

For Appellant: Shri B.V.R.Swamy, AdvocateFor Respondent: Shri Vijay Singh, Sr. DR
Section 12ASection 143(1)

2 26.09.2013, wherein the expenses claimed by the assessee representing application of income, has not been allowed. It was submission that the adjustment which has been done in the intimation u/s. 143(1) of the Act are not the adjustments which are permissible under the provisions of sections 143(1) of the Act, insofar as there is no arithmetical error